GENERAL INFORMATION
These General Terms and Conditions of Sale (hereinafter referred to as the “General Conditions”) are drawn up in accordance with the legislative provisions set forth in the Italian Civil Code, Legislative Decree no. 70 of 09.04.2003 on information society services and electronic commerce, and Legislative Decree no. 206 of 06.09.2005 (so-called Italian Consumer Code), particularly Chapter I of Title III of Part III (articles 45 to 67), and govern the offer and sale of products through the website www.outlet.pinko.com.
The PINKO brand products marketed on the Site (hereinafter the “Products”, also in the singular declension) are sold by PAC srl, Viale Carlo III di Borbone 8, 81100, Caserta (CE), with REA no. CE-333470 on the Italian Business Registry, Tax Code and VAT no. 04519540613, licensed by owner of the Site Cris Conf S.p.A., with VAT no. 01516210349 and registered office in Strada Comunale per Fornio 132dx, Fidenza, Parma.
FIELD OF APPLICATION
The General Terms and Conditions apply to and govern all sale contracts concluded through the site by PAC srl, as identified above, hereinafter “the Seller”.
The General Conditions may be modified at any time; each User, therefore, is required to consult the aforementioned before proceeding with any purchase.
In any case, the version of the General Conditions in force on the date the purchase order is sent will be applied to each sale.
The General Conditions apply regardless of the nationality of the User, as long as delivery of the products is to be made in one of the countries for which the Site provides the online sales service.
SHIPPING COUNTRIES
The purchase of Products through the Site is currently possible if the shipment is to be delivered to an address in the following Countries:
Italy
San Marino
The Seller reserves the right to expand or restrict the list of Countries referred to in point 2.
Delivery is also provided for in the territory of the Republic of San Marino and in the Vatican State.
PURCHASES ON THE SITE – RESTRICTION
The purchase of Products on the Site is reserved exclusively for natural persons who act as consumers and who are over eighteen years of age.
By consumer, we mean the natural person who acts for purposes unrelated to any commercial, entrepreneurial, craft and professional activity carried out.
Purchasing through the Site implies that the User fully understands and accepts, without reservations, the General Conditions.
INFORMATION CONCERNING THE CONCLUSION OF THE CONTRACT
To purchase online, the User must complete an electronic order form prepared by the Seller and send it electronically, following the instructions indicated.
As per law, before confirming the order, the Seller will make available to the User all the information referred to in art. 49 of the Italian Consumer Code; information relating to the right of withdrawal, in particular, is provided by means of the standard instructions on the right of withdrawal referred to in Annex I part A provided for by article 1, paragraph 1 of Legislative Decree no. 21 of 02.21.2014.
To complete each order, the User is required to confirm the economic transaction relating to the payment of the price of the Products included in the cart; to this end, at the end of the procedure for selecting the Products and confirming the User’s data, the Site redirects the latter to the page of the payment system (Axerve) handling the transaction.
Orders that do not register the corresponding economic transaction will be automatically deleted.
Upon receipt of confirmation of the validity of the payment method indicated in the order and confirmation of the same, the Seller will send the User, by email, to the email address communicated during the login phase, written confirmation of the order, as required by article 51, paragraph 7 of Legislative Decree no. 206/2005. 206/2005.
The offer of Products through the Site constitutes an offer to the public pursuant to article 1336 of the Italian Civil Code; the filling in and correct sending of an order form through the Site therefore implies acceptance of the aforementioned offer. The contract, therefore, is considered concluded when the Seller becomes aware of the User’s acceptance, formalised by means of the aforementioned order form.
The Seller, however, reserves the right not to accept the order in the event that payment by credit card or other electronic payment system is not authorised by the relevant operator.
The User may, at any time, monitor the status of their order by contacting Customer Services through the appropriate section or using the tracking number provided in the dispatch confirmation email.
The User, in any case, is always required to keep the order number communicated by the Seller, which must be specified in any communication with the Seller.
The languages available to conclude a sale contract through the Site are as follows:
Italian
Once the online purchase procedure has been completed, the User undertakes to keep a copy of the General Conditions, which, moreover, he/she will have already viewed and accepted as an obligatory step in the purchase procedure.
In the event of non-acceptance of the order, the Seller will promptly notify the User by email.
CHOICE AND AVAILABILITY OF PRODUCTS
The Products offered for sale through the Site are PINKO-branded garments and accessories, present in the catalogue published on the Site at the time of the order by the User.
The Product catalogue may be periodically updated by the Seller, who, therefore, does not provide any guarantee regarding the permanence of a product among those available online; in no case does the Seller guarantee the availability of all sizes/versions for each garment/colour in the catalogue.
In the Product catalogue, each product is accompanied by a description illustrating its main characteristics; the images and colours of the Products present in the descriptions may, however, not correspond to the actual ones exactly, due to the settings of the computer systems or devices used by the User to view the Site. The images published, therefore, should be considered indicative and subject to normal tolerances.
If, even if selectable through the order form, the chosen product is not available, the Seller will promptly notify the User by email, proposing the termination of the sale contract, and a subsequent refund of the price, including any shipping costs applied, if already paid.
PRICES, CONDITIONS OF PURCHASE AND PAYMENT METHODS
The sale prices are those published online at the time that the order is completed and are inclusive of VAT, if applicable based on the country that the Products are to be shipped to.
The prices indicated in the online catalogue may be subject to change without notice. It is therefore the User’s responsibility to ascertain the final price before submitting the purchase order.
Payment for Products can only be made in the following ways:
Credit Card (Visa, MasterCard, American Express, Maestro)
The sale price is charged when the order is dispatched.
DELIVERY METHODS, COSTS AND OTHER CHARGES
The Products are delivered, via affiliated couriers, directly to the User, to the shipping address specified in the order.
The Site allows you to request the delivery of the Products to an address other than the User’s own, provided that said address is within the shipping country of the User specified when the order was completed; in any case, it is the User’s responsibility to provide all the information necessary for successful delivery (for example, if it is the address of a third party, specify the name on the doorbell/intercom to which delivery is being made).
It is not possible to collect the Products purchased through the Site directly from the Seller’s warehouse.
Upon delivery of the Products to the courier, the User will receive a confirmation email from the Seller, in which the name of the courier used and the details of the shipment will be expressly indicated.
The delivery times of the Products vary based on the destination and the shipping methods chosen.
The User may, at any time, to check the status of his/her order through the tracking number provided in the dispatch confirmation email or by contacting Customer Services through the appropriate section.
Delivery of the Products is considered completed when the consumer, or the third party designated by him/her and different from the carrier, takes physical possession of the goods; from that moment, as per the law, risk of loss or damage to the Products, for reasons not attributable to the Seller, is transferred to the User.
OBLIGATIONS OF THE USER UPON DELIVERY
The User acknowledges that receiving the Products represents an obligation arising from the sale contract concluded with the Seller.
In the event of non-delivery due to the absence of the recipient during attempts provided for by the procedure followed by the courier, the package will remain in storage.
If, within the terms indicated by the courier in the notice left to the User, the package is not collected, it will be returned to the Seller.
In this case, the contract shall be considered terminated by law pursuant to article 1456 of the Italian Civil Code. Notification will be sent by email from the Seller to the User, and the order will, for all intents and purposes, be cancelled. Within 15 days of the aforementioned communication, the Seller will then refund the total amount paid by the User for the products, less the costs of unsuccessful shipment, the costs of returning the products to the Seller and any other expense that the Seller has incurred due to non-delivery caused by the absence or inaction of the User in fulfilling his/her obligation to receive the delivery.
Pursuant to article 8.4, the refund due will be credited via the same means of payment used by the User.
Once the refund has been made, if the User wishes to request delivery of the products, he/she will have to proceed with a new order.
The Seller reserves the right to refuse orders from Users against whom the Seller has previously invoked the termination clause expressed in article 8.4 for failure to fulfil the obligation to receive delivery of the Products.
Upon receipt of the Products, the Customer is required to verify their conformity in relation to the order, ensuring, in particular, that:
- the number of packages indicated on the carrier’s letter corresponds to the number of packages actually delivered;
- the packaging is intact and not damaged or tampered with.
Any anomalies (such as, for example, tampering or damage to the packaging) must be specified in writing directly on the courier’s transport document, and the User must refuse delivery. At the same time, the User will be required to report the issue to the Seller’s Customer Services department, via the appropriate section.
The User is therefore advised to sign the transport document only after the checks referred to in article 8.8 are carried out.
If the User does not comply with the previous points and, therefore, accepts delivery of the Products even if the packaging is damaged or tampered with, the User shall forfeit the legal guaranty of conformity of the Products.
RETURNS
Returns are free. There is no change for a different item, size or colour.
RIGHT OF WITHDRAWAL
The User, as a consumer, has the right of withdrawal from the sale contract of the Products, as established by article 52 of Legislative Decree no. 206/2005 (Consumer Code), without having to provide any explanation and without penalty.
The User may exercise the right of withdrawal within 14 days from the moment in which the User, or a third party other than the carrier and specified by the User, takes physical possession of the Products.
In the event of multiple goods ordered in a single order yet delivered separately, the term, referred to in article 9.2, will start from the day the User, or a third party other than the carrier and specified by the User, takes physical possession of the final good.
In the event of delivery of goods made up of multiple lots or pieces, the term, referred to in article 9.2, will start from the day the User, or a third party other than the carrier and specified by the User, takes physical possession of the final lot or piece.
Prior to the expiration of the term referred to in article 9.1, the User must inform the Seller of the decision to exercise the right of withdrawal from the contract. To this end, the User may:
The withdrawal period will be deemed to be observed if the withdrawal notification is sent before the expiration of the withdrawal period, as set out above.
In the withdrawal notification, the User must specify the Products for which he/she intends to exercise the right of withdrawal.
Once the withdrawal notification is received, if timely, the Seller will reimburse the total price of the products to the User, net of any additional shipping costs, pursuant to article 56, paragraph 2 of Legislative Decree 21/14, without delay and in any case within 30 days from the date on which the Seller receives the goods at its warehouses; the refund will be made via the same means of payment used by the User.
The User, once the right of withdrawal has been exercised, must return the Products, without undue delay and not more than 14 days from the date on which the decision to withdraw from the contract was notified to the Seller, through the delivery of said goods to the following address, already indicated in the right of withdrawal instructions set out in Annex I, Part A, in accordance with Art. 1, paragraph 1 of Legislative Decree no. 21 of the 21.02.2014: Cris Conf. Spa Pinko E-commerce, Strada Comunale per Fornio, 132 Fashion Logistic, 43036 FIDENZA, Italy.
For the sole purposes of complying with the return period, the Products are considered to be sent when they are delivered to the accepting post office or courier.
The Products must be returned in the original packaging that they were received in, including any additional documents, such as tags, labels, seals, anti-theft devices etc.
To return the Product, the User must use the consignment note provided by the brand.
All risk of loss or damage to the Products during shipment to the Seller is borne by the User.
As provided for by article 57, paragraph 2 of the Italian Consumer Code, the User will be liable for any diminished value of the Products resulting from the handling other than what is necessary to ascertain the nature, the characteristics and the functioning of the goods.
In the event that, having received delivery of the returned goods, the Seller should find a reduction in the value of the Products attributable to the User, the Seller shall be entitled to offset the amount corresponding to the aforementioned reduction in value with the amount to be reimbursed to the User as a result of the withdrawal; in such a case, the Seller shall notify the User within 14 days of having received the returned goods.
LEGAL GUARANTEE OF CONFORMITY
All products sold through the site have a legal guarantee of conformity established by article 128 et seq. of the Italian Consumer Code, applicable, in any case, to the consumer only.
Pursuant to the law, the Seller is obligated to deliver goods to the User that comply with the sale contract.
The Seller shall be liable to the User for any non-conformity of the Products that exists at the time of delivery of the aforementioned goods, or that occurs within two years of delivery.
To qualify for the above-mentioned guarantee, the User must notify the Seller of the non-conformity within two months of its discovery, or this right will be forfeited, by contacting Customer Services via the appropriate section. This complaint must contain an accurate and comprehensive description of the reported defects/faults.
Customer Services will respond to the User’s notification, giving instructions for the delivery of the defective product, which will be at the Seller’s expense.
The Seller will have the right to request that the User attach the purchase invoice to the Product for which he/she intends to enforce the guarantee or another document that proves the date of the sale completion.
If active, the legal guarantee of conformity entitles the User to a repair or replacement of the Product, free of charge and at his/her discretion, unless the requested remedy is objectively impossible or excessively expensive compared to the other.
The User will have the right to request, at his/her discretion, a reasonable reduction in the price or the termination of the sale contract, only if a repair or replacement is impossible or excessively expensive, or a repair or replacement has not taken place within a reasonable time-frame, or a repair or replacement carried out has caused considerable inconvenience to the User.
In no event does a minor non-conformity give the right to cancel the contract.
In no event does a minor non-conformity give the right to cancel the contract.
PRIVACY POLICY
Users’ data are processed in accordance with current laws regarding the protection and safeguarding of personal data, as specified in the policy concerning the processing of personal data, which is accepted by the User when filling out the login form.
CUSTOMER SERVICES, COMPLAINTS AND COMMUNICATIONS
The User can contact the following addresses for any additional information or assistance or to send complaints: PAC srl, Viale Carlo III di Borbone 8, 81100, Caserta (CE) pac@flexipec.it
E-mail: customerservice@outlet.pinko.com
Telephone: +39 375 680 3315
All communication which, in accordance with the General Conditions, is carried out via email will be sent to the address specified by the User during the login phase.
GOVERNING LAW, JURISDICTION AND VENUE
The sale contract concluded in accordance with the General Conditions is governed by Italian law.
For any dispute that may arise concerning the interpretation of the General Conditions and the implementation of the contract concluded in accordance with the aforementioned General Conditions, the court of the place of residence or domicile of the User will be the competent court, when the consumer is a resident or domiciled in Italian territory. If the User is not a resident or is not domiciled in Italian territory, for any dispute that may arise between the Seller and the User concerning the interpretation of the General Conditions and the implementation of the contract concluded in accordance with the aforementioned General Conditions, action taken by the Seller will allow the latter to choose, at its discretion, between the Court of Milan or the Court of the place of residence or domicile of the User; in the case of action taken by the User, it shall be submitted to the exclusive jurisdiction of the Court of Milan.
We would like to inform you that the European Commission provides a platform for alternative, out-of-court dispute resolutions, including cross-border disputes, accessible at http://ec.europa.eu/odr.
Latest update: 25 November 2024
